Executor without capacity

[KnittingNeedles]

DH and I drew up mirror wills about a decade ago. All very straightforward - if I go first he gets the lot, if he dies first I get the lot, after both of us die, all split in thirds between the kids. Very simple.

At the time we named our respective fathers as executors. My dad is now living with quite advanced dementia and most definitely does not have capacity. DH's father still has capacity but is 80 and with the best will, won't be here forever.

I am assuming we need to make an appointment to see the lawyer and give details of who we wish to name as new executors? Or will they do it taking instruction by email or over the phone? Will probably be our oldest child, who was still at Primary school when the wills were drawn up, but is now 20.

I should probably have added that we are in Scotland.

You really don’t need a solicitor - you just need to execute a codicil to the will and ensure it’s kept with the will (& a copy of it with any copies of the will). Don’t let the solicitors tell you otherwise.
plenty of templates available online

Assuming you live in England or Wales, you can do this simply by using a codicil:

www.gov.uk/make-will/updating-your-will

Any codicil has to be properly attested and signed in the same way as a will has to be.

We cross posted: please read this!

www.citizensadvice.org.uk/scotland/family/death-and-wills/wills-s/

Thank you - looks like it will have to be done in person, signed and witnessed.

If you go back to the original firm, they should be able to just amend and print off fresh copies. I do that all the time for clients for a small admin fee (I don't like doing codicils, too much chance of them going astray).

It was poor practice to specify an older generation as executor.
It is poor practice to have a sole executor, particularly in Scotland.

You should appoint more than one executor or specify substitutes.

When we made the will, our children were very young and our parents were healthy and in their 60s.

I'm sole executor of my parents' wills too, nobody's raised it as an issue.

Have you thought about what would happen if one of you died and the other remarried? Especially if the new spouse did not bring their own property into the marriage and needed to inherit the house instead of the children or be homeless?

This isn't about the content of the will. It's about the executing of it.